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Calcutta High CourtCRM (A)/4459/2022allowed

Nadeem Shahazada v. State Of West Bengal

2022-09-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

16.09.2022 Serial no.28 Aloke CRM (A) 4459 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Domjur Police Station Case No. 660 of 2022 dated 18.08.2022 under Section 498A of the Indian Penal Code.

-AndIn the matter of : Nadeem Shahazada ... ... Petitioner Mr. Tarique Quasimuddin, Advocate Mr. Irshad Yaqub, Advocate ... ... For the Petitioner Mr. Anowar Hossain, Advocate Ms. Ratna Ghosh, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention to the materials in the case diary. The police complaint was lodged 51⁄2 years after marriage alleging that the petitioner suppressed the earlier marriage. Suppression of the earlier marriage is denied on behalf of the petitioner.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court

including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4459 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)